Mastro Plastics Corp. v. Emenee Industries, Inc.

Appellate Division of the Supreme Court of New York

Mastro Plastics Corp. v. Emenee Industries, Inc.

22 A.D.2d 866, 254 N.Y.S.2d 816, 1964 N.Y. App. Div. LEXIS 2622

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1964

StatusPublished

This text of 22 A.D.2d 866 (Mastro Plastics Corp. v. Emenee Industries, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mastro Plastics Corp. v. Emenee Industries, Inc., 22 A.D.2d 866, 254 N.Y.S.2d 816, 1964 N.Y. App. Div. LEXIS 2622 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered July 9, 1964, unanimously modified, on the law, on the facts and in the exercise of discretion, without costs, to provide that the plaintiff shall, within 10 days after service of order hereon with notice of entry, serve its bill of particulars to the demand as modified by said order, and to further provide that if plaintiff does not have present knowledge as to some of the matters and detail required to be given in response to certain items of the demand, the plaintiff shall so state under oath and then, within 10 days after completion of examination before trial of defendant and the receipt of an executed transcript thereof, it shall serve a supplemental bill in full response to said items of the demand. (See Matter of May, 17 A D 2d 729; Parker-Lauer Realty Co. v. Long Is. R. R. Co., 263 App. Div. 955; Poliacoff v. Fink Realty Corp., 219 N. Y. S. 2d 452.) The order as so modified is affirmed. Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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Order, entered July 9, 1964, unanimously modified, on the law, on the facts and in the exercise of discretion, without costs, to provide that the plaintiff shall, within 10 days after service of order hereon with notice of entry, serve its bill of particulars to the demand as modified by said order, and to further provide that if plaintiff does not have present knowledge as to some of the matters and detail required to be given in response to certain items of the demand, the plaintiff shall so state under oath and then, within 10 days after completion of examination before trial of defendant and the receipt of an executed transcript thereof, it shall serve a supplemental bill in full response to said items of the demand. (See Matter of May, 17 A D 2d 729; Parker-Lauer Realty Co. v. Long Is. R. R. Co., 263 App. Div. 955; Poliacoff v. Fink Realty Corp., 219 N. Y. S. 2d 452.) The order as so modified is affirmed. Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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Bluebook (online)

22 A.D.2d 866, 254 N.Y.S.2d 816, 1964 N.Y. App. Div. LEXIS 2622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mastro-plastics-corp-v-emenee-industries-inc-nyappdiv-1964.

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